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Opinions Aug. 27, 2014

August 27, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, Deceased
49S05-1404-CC-209
Civil collection. Affirms award of $50,440 in attorney fees to the estate from the Indiana Patient’s Compensation Fund. The fee cap provision in the Medical Malpractice Act does not directly apply to the fund to limit its liability. The fund may be required to pay more than 15 percent in attorney fees.

Wednesday’s opinions
7th Circuit Court of Appeals

Kenneth Owen Scrogham v. Carolyn W. Colvin, acting commissioner of Social Security
13-3601
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Reverses denial of application for disability benefits and remands for further proceedings. The administrative law judge’s methodology was flawed in several respects. Three logical errors – overstating the significance of Scrogham’s daily activities, overreliance on his rehabilitative efforts as proof of his fitness for full-time work, and misinterpreting the significance of his extensive treatment – had a material effect on the ALJ’s credibility and residual functional capacity assessments.

Indiana Court of Appeals
Marquise Lee v. State of Indiana
49A02-1310-CR-869
Criminal. Grants rehearing and affirms Lee’s conviction of Class B felony attempted aggravated battery. Declines Lee’s request to follow the reasoning of the Young panel. Holds that he did not preserve this issue for appellate review and that the trial court did not commit fundamental error when it entered judgment against Lee for attempted aggravated battery as an inherently lesser included offense to the state’s charge of murder.

Thomas Walter Gorski v. State of Indiana (NFP)
03A04-1404-CR-148
Criminal. Affirms 28-year aggregate sentence for Class B felony neglect of a dependent resulting in serious bodily injury and attempted dealing in a narcotic drug as a Class B felony.

Cohen & Malad, LLP v. John P. Daly, Jr., Golitko & Daly, P.C. and Golitko Legal Group, P.C. (NFP)
29A02-1308-PL-741
Civil plenary. Affirms that Cohen & Malad is not due quantum meruit compensation from John Daly and Golitko & Daly after Daly took 24 cases with him when he left Cohen & Malad and joined Golitko & Daly.

Jaro Mayda II v. Melinda D. Barnette (NFP)
34A05-1403-CC-101
Civil collection. Affirms order granting Barnette’s motion to dismiss Mayda’s complaint against her alleging fraud, defamation and failure to repay a loan purportedly established by oral agreement.

Latoya C. Lee v. State of Indiana (NFP)
49A02-1310-CR-867
Criminal. Grants rehearing, but declines to reverse conviction of Class B felony attempted aggravated battery.

Layne L. Dellamuth and Anita M. Dellamuth v. Ken's Carpets Unlimited, Inc. d/b/a Carpets Unlimited (NFP)
74A01-1404-CC-165
Civil collection. Affirms summary judgment in favor of Carpets Unlimited on its complaint against the Dellamuths for failure to pay a balance owed on an account.

Evanston Insurance Company and Markel Corporation v. Samantha Meeks Family Practice, Inc., Samantha Meeks, and George Edwin Grant, et al. (NFP)
33A01-1401-PL-32
Civil plenary. Reverses and remands with instructions to deny the summary judgment motion of Meeks and her practice and grant the summary judgment motion of Evanston Insurance and Markel Corp. over whether a policy was in effect when Meeks made her claim.  

Frank Blythe v. State of Indiana (NFP)
49A02-1312-CR-1061
Criminal. Affirms convictions of Class B felonies dealing in a narcotic drug and dealing in a controlled substance.


 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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